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Decree No. 109/2002 / ND-CP

GOVERMENT

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No: 109/2002 / ND-CP

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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GOVERNMENT DECREE

Amending and supplementing some articles of Decree No. 195 / CP of December 31, 1994

of the Government detailing and guiding the implementation of some articles of the Labour Code

of working time, rest time

 GOVERMENT

Pursuant to the Law on Government Organization December 25, 2001;

Pursuant to the Labour Code, June 23, 1994; Law amending and supplementing some articles of the Labour Code, April 2, 2002;

At the request of the Minister of Labour - Invalids and Social Affairs,

DECREE:

Article 1. To amend and supplement a number of articles of Decree No. 195 / CP of December 31, 1994 of the Government detailing and guiding the implementation of some articles of the Labour Code on working time, rest time based on the Law amending and supplementing some articles of the Labour Code (hereinafter referred to as the Labour Code was amended and supplemented), as follows:

1. To amend and supplement Article 1 as follows:

"Article 1. The working time, rest time is applicable to laborers working in enterprises, agencies and organizations of the following:

1. Enterprises established and operating under the State Enterprise Law;

2. Enterprises established and operating under the Enterprise Law;

3. Enterprises operating under the Law on Foreign Investment in Vietnam;

4. Enterprises of political organizations, political organizations - social;

5. The cooperative activities under the Law on Cooperatives with employers under the labor contract regime;

6. The basis of education, health, culture, sports, established under Decree No. 73/1999 / ND-CP of August 19, 1999 on policies to encourage socialization activities in the field education, health, culture and sports;

7. cooperation, individual business households, households and individuals that hire workers;

8. The agencies, international organizations or foreign based in the territory of Vietnam with employers are Vietnam, except where international treaties to which the Socialist Republic of Vietnam has signed or adhered acceded to.

This Decree shall also apply to civil servants and employees in the administrative offices, career, who hold elected positions, elected or appointed, of political organizations, political organizations - social Congress, the people's organizations, the armed forces of the people, the people's police, except in cases of legal documents for each object has different provisions. "

2. To amend and supplement Article 5 as follows:

'' Article 5 The overtime under Article 69 of the Labour Code was amended and supplemented by the following provisions:

1. The overtime may not exceed 50% of working hours in a day is prescribed for each type of job. In cases stipulated hours of work per week, plus the normal working hours and overtime in a day does not exceed 12 hours. Total overtime in a year does not exceed 200 hours, except in special cases provided for in paragraph 3 of this Article.

2. The employer and employee may agree to do not more than 200 hours a year under the provisions of paragraph 1 of this Article in the following cases:

Troubleshooting in production;

Solving urgent work can not be delayed;

Timely processing of fresh goods, construction and products due to the stringent requirements of technology can not be left unfinished;

Resolve jobs requiring skilled labor and technical expertise that high labor market does not provide fully and promptly.

3. In special cases, the overtime does not exceed 300 hours per year, which is defined as follows:

a) Enterprises, the production facilities, the business has manufacturing or processing goods for export, including products: textiles, garments, leather, shoes and seafood processing if the work must address urgently, can not be postponed due to urgent requirements of production or the seasonal nature of production or due to objective factors not anticipated, it is made from more than 200 hours to 300 hours a year, but must be done compliance with the following provisions:

Must agree with the employee;

If employees work during the day from 10 hours or more, the employer must arrange for them to stay at least 30 minutes in the hours of work, rest time outside of normal work shift;

For 7 consecutive days, the employer must arrange for workers to have at least 24 consecutive hours.

b) Enterprises, production facilities, other business conditions such as enterprises, establishments defined in point a of this subsection, if required overtime from 200 hours to 300 hours a year , then:

For businesses, production facilities and trading within ministries managed to obtain permission and the consent of the Ministry, branch managers;

Businesses, production facilities, other business must apply for and get the consent of the People's Committees of provinces and centrally-run cities.

4. In case of serious remedial natural calamities, enemy sabotage, fires, epidemics within the enterprise, agency or organization, the employer is allowed to work overtime to mobilize excess specified in paragraph 1 of this Article, but with the agreement of the employee. "

3. To amend and supplement Article 12 as follows:

"Article 12. The working time, rest time of employees doing the work under Article 80 of the Labor Code are specified as:

For jobs with special properties such as road transport, railways, waterways, airways; oil and gas exploration and exploitation in the sea; in the field of art; Technical use of radiation and nuclear engineering applications radiofrequency; the work of divers; miners work underground; the production work seasonal jobs and export processing orders; permanent jobs to 24/24, the ministries and agencies directly managing the work on the specified hours of work and rest time, after agreement with the Ministry of Labour - Invalids and Social Affairs foul."

Article 2. This Decree shall take effect from 01 January 01 2003.

Repeal of Decree No. 10/1999 / ND-CP of March 1, 1999 of the Government on the addition of Decree No. 195 / CP of December 31, 1994 of the Government detailing and guiding the implementation of a some articles of the Labour Code on working time, rest time.

Article 3. Ministers, heads of ministerial-level agencies, heads of government agencies, the presidents of the People's Committees of provinces and centrally-run cities shall implement this Decree. /.

 

TM. GOVERMENT

PRIME MINISTER

(Signed)

Phan Van Khai



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